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Huthmaker - 1 | Hunt and Henriques - 0; Need some last minute advice to end this.


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I need some last minute advice. Hunt and Henrique caved. They just sent a letter to the court requesting a dismissal without prejudice. However, that's not gonna fly with me. We paid our filing fees just like them, so I know we can request to still be heard by a judge.

What do I need to do to object to their dismissal. I want to make sure this gets dismissed with prejudice?

I also want to explain how I did it. I subpoena'ed the witness that submitted her declaration to the court. We also demanded a copy of the evidence and list of witnesses from the lawyers. They gave some BS objection to our subpoena because we didnt offer to pay the witness costs. Since I was the one that served it (my wife is the defendant in this case), I simple wrote a sworn testimony to the court explaining that when I served the subpoena at the address given, the person was not there, and I was told they "accepted services on behalf of that person". I then went on to state that the paperwork did indeed include an offer to pay, with a phone number where my client could be reached. Lastly I stated that I intended to be in court on the our hearing date to testify to that effect. I mailed my copy to the court, and faxed a copy over to Hunt and Henrique. And.......they caved. I knew that sending a letter the court wasnt official, but mentioning the fact that I would be in court to testify changed their tune real fast.

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  • 4 months later...
I need some last minute advice. Hunt and Henrique caved. They just sent a letter to the court requesting a dismissal without prejudice. However, that's not gonna fly with me. We paid our filing fees just like them, so I know we can request to still be heard by a judge.

What do I need to do to object to their dismissal. I want to make sure this gets dismissed with prejudice?

I also want to explain how I did it. I subpoena'ed the witness that submitted her declaration to the court. We also demanded a copy of the evidence and list of witnesses from the lawyers. They gave some BS objection to our subpoena because we didnt offer to pay the witness costs. Since I was the one that served it (my wife is the defendant in this case), I simple wrote a sworn testimony to the court explaining that when I served the subpoena at the address given, the person was not there, and I was told they "accepted services on behalf of that person". I then went on to state that the paperwork did indeed include an offer to pay, with a phone number where my client could be reached. Lastly I stated that I intended to be in court on the our hearing date to testify to that effect. I mailed my copy to the court, and faxed a copy over to Hunt and Henrique. And.......they caved. I knew that sending a letter the court wasnt official, but mentioning the fact that I would be in court to testify changed their tune real fast.

Hello,

What happened with your case? My trial date with them is next month. Were you against an OC or JDB? I am against OC.

Was your witness within 150 miles from you? Mine is. Or supposedly is. Do I still need to offer traveling expenses if s/he is within 150 miles?

Congratulations on winning your case!

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They are allowed to dismiss the case at any point as long as before it goes to trial. If you had filed a counter claim they wouldn't be able to.

Your only option is to do as 1ststep says, file a Memorandum of Costs with the court.

I fought H&H representing an OC and they never gave me anything. Finally like 1 week before trial they fedex'd me a package regarding the BoP that I had been waiting on for months. At 3 days before trial they called and tried to settle with me. I pretty much blew them off and they dismissed.

I tried to push it to go to trial but they had an attorney present to request a dismissal.

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I need some last minute advice. Hunt and Henrique caved. They just sent a letter to the court requesting a dismissal without prejudice. However, that's not gonna fly with me. We paid our filing fees just like them, so I know we can request to still be heard by a judge.

What do I need to do to object to their dismissal. I want to make sure this gets dismissed with prejudice?

I also want to explain how I did it. I subpoena'ed the witness that submitted her declaration to the court. We also demanded a copy of the evidence and list of witnesses from the lawyers. They gave some BS objection to our subpoena because we didnt offer to pay the witness costs. Since I was the one that served it (my wife is the defendant in this case), I simple wrote a sworn testimony to the court explaining that when I served the subpoena at the address given, the person was not there, and I was told they "accepted services on behalf of that person". I then went on to state that the paperwork did indeed include an offer to pay, with a phone number where my client could be reached. Lastly I stated that I intended to be in court on the our hearing date to testify to that effect. I mailed my copy to the court, and faxed a copy over to Hunt and Henrique. And.......they caved. I knew that sending a letter the court wasnt official, but mentioning the fact that I would be in court to testify changed their tune real fast.

Hi huthmaker,

Unfortunately, as the defendant w/no counter claims attached to the case, you really can not object to the dismissal by the plaintiff. You just have to accept it. (sorry).

At the same time, it's something to celebrate....! Congratulations--job well done! :BigDance:

I know it is frustrating, to go through all the preparation of the case, and to not have your day in court. I'm very sorry you didn't get what you wanted.

The second you filed any paperwork w/the court stating that your subpoena could not be honored (as witness was not present at address provided).....the opposition knows they can not beat that (in court). No way around it, though--you had to file notice, etc.

We had a similar situation in our case. Our case was to be heard on Mon. morning. There was a rent-a-lawyer there on behalf of H&H to dismiss the case (she dismissed w/the Judge). Based (we think) on the fact our undeliverable subpoena paperwork was filed w/the court the week prior.

We thanked the Judge, gathered our things, hugged (celebrated) and left the courtroom.

If you are concerned about them filing against you in the future, (due to the lack of predjudice w/the dismissal)....immediately consult w/some consumer attorneys. See if they will file a suit on your behalf against H&H and the jdb. If you prevail (win)--they won't ever bother you again. :mrgreen:

Edited by tigger
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Honestly, Anza--I doubt it. They are such an awful, unorganized, dishonest firm....and profoundly stupid on top of all their other faults.

They spent so much money (stupidly) on our case. But most of what they spent was on the actual prosecution of the case. They spent on dumb stuff--like their settlement letters, contesting our claim to costs, etc. (yet we still got our costs and a bit extra).

8-)

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